Law:

Section:

Specific Relief Act (I of 1877)--S.12---Constitution of Pakistan (1973), Art. 185(3)---Dismissal of plaintiff's suit for spec performance of agreement to sell-- 'Agreement to sell related to joint property in which both brothers (plaintiff and defendant) had share--­Documentary and oral evidence of persons who were closely related to parties and evidence with regard to document viz. agreement to sell being equivocal conclusion drawn by two Appellate Courts could not be said to be against the weight of evidence or contrary to law---No case was made out for further examination in Supreme Court---Leave to appeal was refused in circumstances. ORDER SHAFIUR RAHMAN, ACTG. CJ. ---The petitioner seeks cleave to appeal against the judgment of the High Court whereby a suit for specific performance filed by him was dismissed and the dismissal upheld in Regular Second Appeal. 2. The petitioner as plaintiff claimed that his brother Muhammad Sharif (predecessor-in-interest of the respondents) a joint owner of the house in dispute had agreed on 3-8-1973 to convey and transfer his 2/9th share in the house for a consideration of Rs.10,726 to him. A sum of Rs.2,000 was paid as earnest money and the rest was to be payable at the completion of the sale. On failure of Muhammad Sharif to honour the agreement, a suit was instituted by the petitioner on 15-3-1974 claiming the specific performance of the agreement. It was contested by Muhammad Sharif. He denied the execution of the agreement to sell and the receipt of the earnest money. Issues were framed. Evidence was recorded and the Civil Judge by his judgment and decree dated 29-1-1985 decreed the suit of the petitioner. An appeal was filed which was accepted by the Additional District Judge on the ground that the execution of the sale-deed was not duly proved. In second appeal that appellate order was allowed to hold good whereupon an appeal in this Court was filed which succeeded to the extent that the case was remanded to the High Court for a fresh decision on the point whether Muhammad Sharif had independently of the written agreement to sell agreed to sell the house. 3. The matter was taken by the High Court and the entire…

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